City of Washington, PA Keeping of Animals

Any animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes or normally or ordinarily kept as a household pet.

HOUSEHOLD PET

Any dog, cat or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.

LARGE ANIMAL

Any wild or domestic animal of the bovine, equine or sheep family.

NUISANCE

Any noise or conduct which shall disturb the peace of a neighboring owner or occupant of property or of the neighborhood and shall include, but shall not be expressly restricted to, the following:

(1)

Unreasonable noise and unreasonable noise disturbance, such as howling, barking or making other noises, by any other animal, which shall disturb the peace of a neighboring owner or occupant of property or of the neighborhood.

(2)

Any act of viciousness or dangerous action by any animal.

(3)

Conduct of any animal in digging or otherwise damaging shrubbery, trees, lawns or other personal property not belonging to the owner of said animal.

(4)

Any other acts which unreasonably interfere with the use and enjoyment of the property of another or the use of property by another.

PERSON

Any person, firm, partnership, association or corporation.

SMALL ANIMAL

Any wild or domestic animal such as a rabbit, hare, guinea pig, rat, mouse or chinchilla; and any wild or domestic fowl such as a chicken, turkey, goose, duck or pigeon (excepting homing pigeons).

WILD ANIMAL

Any animal, including bird, fowl or reptile, not normally or ordinarily raised in this climate as livestock or for work or breeding purposes or not capable of being kept as a household pet.

VICIOUS DOG

Any or all of the following, excepting police dogs, squad dogs or guard dogs acting under supervision of a police officer or prison guard: 1) any dog which is trained to attack or cause injury or to otherwise endanger the safety of human beings or domestic animals; 2) any dog which bites, inflicts injury, assaults ("assaults" shall include dogs at large approaching any person upon the streets, sidewalks or other public grounds or places in a threatening or terrorizing manner without provocation), or otherwise attacking a human being without provocation; 3) any dog which is deemed a dangerous dog under and pursuant to 3 P.S. § 459-101 et seq., (the "Dog Law," as amended). Notwithstanding the provisions detailed above, no dog may be declared a vicious dog for inflicting injury or damage on any person committing a willful trespass or other tort upon premises occupied by the owner of the dog, or teasing, tormenting or abusing or assaulting the dog, or committing or attempting to commit a crime. No dog may be declared vicious for taking any action to defend or protect a human being within the immediate vicinity of the dog from an attack or assault.

In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.

§ 115-2 Certain animals prohibited.

It shall be unlawful for any person to keep any pigs, hogs or swine at any place within the City.

§ 115-3 Keeping of animals regulated.

[Amended 4-23-1998 by Ord. No. 1583]

Only that number of animals, including dogs or other animals, which shall not constitute a nuisance or a risk to the public health or safety shall be kept, maintained or harbored in a residential housing unit or on its grounds.

It shall be unlawful for any person to keep any animals, except household pets, except as provided in this section.

(1)

Large animals shall be confined in quarters no part of which shall be closer than 100 feet from the exterior limits of any dwelling or of any property line.

(2)

Small animals shall be kept confined in quarters located upon the premises of the owner and positioned so as not to interfere with the use or enjoyment of the property of others.

(3)

The keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animals from running at large, and such enclosure shall be of a size conducive to good sanitary practices, and adequate and sanitary drainage facilities shall be provided.

(4)

Every keeper of any animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that, when closed, shall be ratproof and flytight and, after every such collection, shall cause such container or receptacle to be kept closed. At least twice a week, every such keeper shall cause all litter and droppings to be disposed of in such manner as not to permit the presence of fly larvae.

(5)

Every keeper of any animals shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building box, container or receptacle.

§ 115-4 Household pets.

It shall be unlawful for any person to keep any household pet except as provided in this section:

If any such pet shall be kept in a dwelling owned or occupied by its owner, such owner shall be required to follow such procedures and practices as to the number of such pets to be kept there and as to sanitation to ensure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.

If any such pet shall be kept in an enclosure outside such dwelling, the provisions of § 115-3 of this article, insofar as the same apply to small animals, shall be applicable to the keeping of such household pet.

§ 115-5 Violation of state law.

Any violation of this article that would also violate any state law shall be prosecuted under that state law and not under this article.

§ 115-6 Animal Enforcement Officer.

[Added 4-23-1998 by Ord. No. 1583]

The position(s) of Animal Enforcement Officer is/are hereby created within the City of Washington. Said position may be filled by the members of the Police Department designated as the dog handlers as well as the individuals appointed by the City as Animal Enforcement Officer under the terms and conditions set forth by Mayor and Council, as an independent contractor or otherwise, and who shall in all respects enforce the provisions of this article and the 1982 Dog Law, as amended.

§ 115-7 Vicious dog provisions.

[Added 4-23-1998 by Ord. No. 1583]

Any person owning a vicious dog must register the dog with the City of Washington and pay a fee of $50 per year or $250 for the life of the dog for such registration. Upon licensing a vicious dog, the owner shall display, in a conspicuous manner, a sign on his premises warning that there is a vicious dog on the premises. The sign shall be visible and legible from the sidewalk and street.

The owner of a vicious dog shall not permit such dog to go beyond confined bounds of the owner's premises unless the dog is securely leashed and muzzled. Vicious dogs confined outdoors must have a pen or structure with sides and a secure top. Pens must have bottoms secured to the sides or be embedded in the ground no less than two feet.

Any dog which is a vicious dog pursuant to the terms of this article and not registered with the City of Washington as a vicious dog shall be immediately seized and detained. Upon such seizure, an animal enforcement officer shall, by written notice sent by both certified and first class mail or posted upon the owner's premises, notify the owner of such seizure and detention and the requirements to register the dog within 10 days of the date of seizure. Should the owner fail to register the dog with the City as a vicious dog within such ten-day period, the City Animal Enforcement Officer shall bring suit with the local Magisterial District Judge to have said dog be deemed a dangerous dog in accordance with the Dog Law. The dog shall continue to be detained by the City Animal Enforcement Officer until such time as the dog is registered in accordance with this article. Owners of dogs detailed under this section shall be fined $20 per day for each day which said dog is detained. Should an animal enforcement officer deem any dog to be a vicious dog in accordance with this article or by posting on the premises of the owner, a City animal enforcement officer shall, by written notice sent United States Mail, postage prepaid and certified to the owner, notify the owner of the requirements to register that dog as a vicious dog with the City. Should the owner fail to so register said dog as a vicious dog with the City within 10 days of the date of such notice, the dog may be detained by an animal enforcement officer, who must follow the same procedure set forth for detaining a dog if the dog is a vicious dog in accordance with this article.

The owner of a dog known to be a vicious dog by prior registration with the City or a dog deemed dangerous under state law, found not to be complying with this article, shall be fined not less than $500 and not more than $1,000, together with the cost of prosecution, for the first offense; nor more than $1,500 and cost of prosecution for the second or subsequent offenses.

§ 115-8 Removing of excrements.

[Added 4-23-1998 by Ord. No. 1583; amended 8-8-2002 by Ord. No. 1700]

No owner, custodian or keeper of any dog shall allow or permit any such dog to leave excrement upon the streets, alleys, public grounds or on the property of any City resident in the City unless such owner, custodian or keeper immediately removes the excrement and disposes of it in a sanitary manner. Anyone violating this provision may be cited by the Code Enforcement Officer of the City of Washington, by the City Animal Enforcement Officer or by a member of the City of Washington Police Department, and said person may be fined or otherwise penalized as set forth in the penalties section, § 115-9 of this article.

§ 115-9 Violations and penalties.

[Added 4-23-1998 by Ord. No. 1583; amended 12-7-2006 by Ord. No. 1766]

Any individual, person, firm, corporation or other entity who shall violate any provision of this article shall, upon being held liable in any civil proceeding or upon conviction thereof, be sentenced to pay a penalty, fine or charge of no less than $100 nor more than the maximum amount permitted by law, but not to exceed $1,000, and in default of payment or any failure to pay any fine or penalty, upon a summary or other criminal conviction, shall be sentenced to imprisonment for a period not to exceed 30 days, or both.

Each day that a violation of this article shall continue shall constitute a separate offense, subject to the fines, costs, penalties and charges set forth above for each offense.

Nothing herein shall limit, prevent or preclude the City of Washington from taking any and all legal action or exercising any other remedy available to the City by law, including but not limited to the initiation of civil or criminal proceedings or injunctive relief, in order to enforce or ensure compliance with this article. As an additional remedy, the City of Washington may abate any nuisance, dangerous or hazardous condition by any means permitted by law, which shall include but not be limited to an action in the Court of Common Pleas of Washington County, Pennsylvania, for injunctive relief; the use of any City of Washington personnel, equipment and materials or that of an authorized agent or contractor hired by the City to remove or abate any nuisance, dangerous or hazardous condition and with all costs thereof or related thereto to be charged against the property owner(s) and/or person or entity who has violated the article or portion thereof; said costs shall include all actual costs and expenses, including all costs of collection and reasonable administrative costs of the City, incurred in enforcing the provisions of the article.